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legal_consult

F1 denied due to visiting husband on B1/B2

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I'm a non-immigrant working on F1 STEM-OPT in US. I got married in March 2019 in India and my wife visited me for 2.5 months in US on B1/B2 visa. She had received the tourist visa in 2017 to come visit me for couple of weeks. She stayed with me in US from March 25  to June 11. We had been in the process of applying to graduate schools in US for my wife since last year for Fall 2019 term. She received an admit from a university and appeared for a visa interview in New Delhi consulate. The VO denied the F1 visa saying your circumstances had changed since you were issued B1/B2; you should not have visited your husband on the same visa. She said you should apply for F2 (student dependent) and study there. She gave her the 214B slip. Additionally, she cancelled her B1/B2 with a stamp saying "cancelled without prejudice". She wants to appear for another visa interview for F1. Is it a good idea to re-appear for the interview? We are thinking of explaining that she came to US for short term and attend few information sessions of some universities. Therefore, she did not apply for a F2 dependent visa. Moreover, the reason we did not apply for F2 dependent visa was because we were already planning on applying for F1 visa.

Edited by legal_consult
Added another line to add clarity to my situation

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I doubt this is the entire story, as none  of those reasons make any sense....how long did she really stay? Since you are not returning, why would she? (the main issue)..there is no law that says one must have an F2 to 'visit' one' spouse who is on an F1...I am guessing that she stayed quite a while, possibly worked while in the US and some other things that surfaced...the main point is since you are not returning, neither will she, and that's kind of what matters a lot with F1 applications (there are a few other things as well)

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